Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Rules and Regulations 84071 

Chairman’s designee for good cause 

shown), the Chairman of the Authority 

or the Chairman’s designee will notify 

you of their decision on your request. If 

the Chairman of the Authority or the 

Chairman’s designee upholds the initial 

decision not to inform the individual of 

whether requested records exist, or not 

to provide access to requested records or 

accountings, or not to amend or correct 

the records as requested, then the 

Chairman of the Authority or the 

Chairman’s designee will notify you of 

your right: 

(1) To judicial review of the Chairman 

of the Authority or the Chairman’s 

designee’s decision pursuant to 5 U.S.C. 

552a(g)(1); and 

(2) To file with the FLRA’s Solicitor 

or IG, as appropriate, a concise written 

statement of disagreement with the 

determination. That written statement of 

disagreement will be made a part of the 

record and will accompany that record 

in any use or disclosure of the record. 

§ 2412.13 Fees. 

(a) Your Privacy Act request for access 

to records will be considered an 

agreement to pay all applicable fees 

charged under paragraph (b) of this 

section, up to $25.00. When making a 

request, you may specify a willingness 

to pay a greater or lesser amount. 

(b) There will be a charge of twentyfive cents per page for paper-copy 

duplication of records disclosed under 

this part. For copies of records produced 

on tapes, disks, or other media, the 

Solicitor or IG will charge the actual 

cost of production, including operator 

time. 

(c) The FLRA’s Solicitor or IG may 

waive or reduce any charges under this 

section whenever it is in the public 

interest to do so. 

§ 2412.14 Penalties. 

Any person who knowingly and 

willfully requests or obtains any record 

concerning an individual from the 

Authority, the General Counsel, the IG, 

or the Panel under false pretenses will 

be subject to criminal prosecution under 

5 U.S.C. 552a(i)(3), which provides that 

such person shall be guilty of a 

misdemeanor and fined not more than 

$5,000. 

§ 2412.15 Exemptions. 

(a) Files of FLRA’s Office of Inspector 

General (OIG) compiled for the purpose 

of a criminal investigation and for 

related purposes. Pursuant to 5 U.S.C. 

552a(j)(2), the FLRA hereby exempts the 

system of records entitled ‘‘FLRA/OIG– 

1, Office of Inspector General 

Investigative Files,’’ insofar as it 

consists of information compiled for the 

purposes of a criminal investigation or 

for other purposes within the scope of 

5 U.S.C. 552a(j)(2), from the application 

of 5 U.S.C. 552a, except for 5 U.S.C. 

552a(b), (c)(1) and (2), (e)(4)(A) through 

(F), (e)(6), (7), (9), (10), (11) and (i). 

(b) OIG files compiled for other law 

enforcement purposes. Pursuant to 5 

U.S.C. 552a(k)(2), the FLRA hereby 

exempts the system of records entitled 

‘‘FLRA/OIG–1, Office of Inspector 

General Investigative Files,’’ insofar as it 

consists of information compiled for law 

enforcement purposes other than 

material within the scope of 5 U.S.C. 

552a(j)(2), from the application of 5 

U.S.C. 552a, (c)(3), (d), (e)(1), (e)(4)(G), 

(H), and (I), and (f). 

Dated: November 28, 2023. 

Thomas Tso, 

Solicitor and Federal Register Liaison. 

[FR Doc. 2023–26516 Filed 12–1–23; 8:45 am] 

BILLING CODE 7627–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–1899; Airspace 

Docket No. 23–ASO–37] 

RIN 2120–AA66 

Amendment of Class D and Class E 

Airspace, and Establishment of Class 

E Airspace; Winston Salem, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and Class E airspace extending upward 

from 700 feet above the surface for 

Smith Reynolds Airport, Winston 

Salem, NC. This action also establishes 

Class E airspace designated as an 

extension to a Class D surface area and 

amends verbiage in the description. 

DATES: Effective 0901 UTC, March 21, 

2024. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: A copy of the Notice of 

Proposed Rulemaking (NPRM), all 

comments received, this final rule, and 

all background material may be viewed 

online at www.regulations.gov using the 

FAA Docket number. Electronic 

retrieval help and guidelines are 

available on the website. It is available 

24 hours a day, 365 days a year. 

FAA Order JO 7400.11H Airspace 

Designations and Reporting Points and 

subsequent amendments can be viewed 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Office of 

Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Avenue, 

College Park, GA 30337; Telephone: 

(404) 305–6364. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority, as it amends 

Class D and Class E airspace in Winston 

Salem, NC. An airspace evaluation 

determined that this update is necessary 

to support IFR operations in the area. 

History 

The FAA published a notice of 

proposed rulemaking for Docket No. 

FAA 2023–1899 in the Federal Register 

(88 FR 67126; September 29, 2023), 

proposing to amend Class D and Class 

E airspace extending upward from 700 

feet above the surface for Smith 

Reynolds Airport, Winston Salem, NC. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. One anonymous 

comment supporting this action was 

received. The commenter also showed 

concerns about how this airspace action 

might affect the environment. The FAA 

discusses potential environmental 

impacts in the Environmental Review 

section. 

Incorporation by Reference 

Class D and Class E airspace 

designations are published in 

Paragraphs 5000, 6004, and 6005 of 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 annually. This document 

amends the current version of that 


ddrumheller on DSK120RN23PROD with RULES1
84072 Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Rules and Regulations 

order, FAA Order JO 7400.11H, dated 

August 11, 2023, and effective 

September 15, 2023. FAA Order JO 

7400.11H is publicly available as listed 

in the ADDRESSES section of this 

document. These amendments will be 

published in the next FAA Order JO 

7400.11 update. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This action amends 14 CFR part 71 by 

amending Class D airspace for Smith 

Reynolds Airport, Winston Salem, NC, 

by adding an extension from the 4.2- 

mile radius of the airport to 5.8 miles 

northwest of the airport. The Class E 

airspace extending upward from 700 

feet above the surface radius is 

increased to 9 miles (previously 6.6 

miles), and all extensions are removed. 

Moreover, the action removes REENO 

NDB from the airspace description as it 

has been decommissioned. This action 

also establishes Class E airspace 

designated as an extension to a Class D 

surface area from the 4.2-mile radius to 

6.5 miles southeast of the airport. In 

addition, this action removes the city 

name from the airport description 

header as per FAA Order 7400.2. It 

replaces Notice to Airmen with Notice 

to Air Missions and Airport/Facility 

Directory with Chart Supplement in the 

Class D airspace description. Controlled 

airspace is necessary for the safety and 

management of instrument flight rules 

(IFR) operations in the area. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances warrant the 

preparation of an environmental 

assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO NC D Winston Salem, NC [Amended] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extending upward from the 

surface to and including 3,500 feet MSL 

within a 4.2-mile radius of the Smith 

Reynolds Airport and 1 mile on each side of 

the 325° bearing of the airport, extending 

from the 4.2-mile radius to 5.8 miles 

northwest of the airport. This Class D 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Air Missions. The effective date 

and time will thereafter be continuously 

published in the Chart Supplement. 

* * * * * 

Paragraph 6004 Class E Airspace 

Designated as an Extension to Class D or E 

Surface Area. 

* * * * * 

ASO NC E4 Winston Salem, NC 

[Established] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extending upward from the 

surface within 1 mile on each side of the 145° 

bearing from Smith Reynolds Airport, 

extending from the 4.2-mile radius of the 

airport to 6.5 miles southeast of the airport. 

This Class E airspace area is effective during 

the specific dates and times established in 

advance by a Notice to Air Missions. The 

effective date and time will thereafter be 

continuously published in the Chart 

Supplement. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Winston Salem, NC [Amended] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extending upward from 700 

feet above the surface within a 9-mile radius 

of Smith Reynolds Airport. 

* * * * * 

Issued in College Park, Georgia, on 

November 29, 2023. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2023–26557 Filed 12–1–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 12276] 

Temporary Modification of Category 

VIII of the U.S. Munitions List 

ACTION: Final rule; notification of 

temporary modification. 

SUMMARY: The Department of State (the 

Department), pursuant to its regulations 

and in the interest of the security of the 

United States, temporarily modifies the 

United States Munitions List (USML) 

Category VIII. 

DATES: This temporary modification is 

effective December 4, 2023 and will 

expire on December 1, 2024 or when 

terminated by the Department, 

whichever occurs first. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Rasmussen, Office of Defense 

Trade Controls Policy, Department of 

State, telephone (202) 663–2217; email 

DDTCCustomerService@state.gov 

SUBJECT: Temporary Modification— 

Note to paragraph (h)(1) of USML 

Category VIII. 

SUPPLEMENTARY INFORMATION: On April 

16, 2013, the Department published a 

final rule revising Category VIII of the 

USML (78 FR 22740). That final rule 

added USML Category VIII(h)(1) to 

describe parts, components, accessories, 

attachments, and equipment specially 

designed for certain advanced U.S.- 

origin aircraft. Paragraph (h)(1) was the 


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